【受験生をスッキリさせます！】この特約は買主にとって有利or不利？判断するポイントを直球で解説講義。自ら売主制限の重要知識について初心者でもわかりやすく解説します。

Summary

The video script discusses the complexities of real estate transactions, particularly focusing on the self-seller restrictions in Japan. It addresses a specific legal question regarding the cancellation of a real estate contract by a non-seller due to the seller's failure to perform before a certain deadline set by a financial institution. The speaker, a top salesperson from a former listed company, aims to clarify this and other related legal issues to help viewers understand the implications for both sellers and buyers in the real estate market. The script also touches on the importance of understanding legal terms and common sense in the real estate industry, emphasizing the need for repeated practice with past exam questions to master the subject.

Takeaways

• 🏢 The video script discusses the real estate industry and how to leverage real estate jobs and agency skills for career transitions.
• 📢 The channel offers free introductions to popular job listings where one can apply with or without real estate qualifications.
• 👤 The speaker is a top salesperson from a former listed company who shares information to help viewers with self-study and qualifications.
• 🤔 The script addresses a question about the limitations of being a self-seller in real estate transactions, specifically regarding contract cancellation terms.
• 📚 It explains a scenario where a real estate seller (A) and a non-real estate party (B) have a contract with a stipulation about contract cancellation based on the receipt of a loan approval from a financial institution.
• 📖 The script uses a past exam question to illustrate the concept of self-seller limitations and the validity of special provisions under civil law.
• 📝 The key legal principle discussed is that any special provision disadvantageous to the seller is invalid according to the civil law.
• 🏦 The video compares the standard civil law provision, which allows for contract cancellation until the other party starts fulfilling the contract, with the special provision in the contract that sets a deadline for cancellation based on loan approval.
• 📉 The special provision in the contract is deemed disadvantageous to the seller because it sets a clear deadline, which is less favorable than the civil law provision.
• 📚 The video uses another past exam question to reinforce the idea that setting a clear deadline in a contract provision can make it invalid if it is unfavorable compared to civil law.
• 📈 The speaker emphasizes the importance of understanding these legal nuances for those studying for real estate qualifications and for practical application in the industry.

Q & A

What is the main topic discussed in the video script?

The main topic discussed in the video script is about the limitations of self-sellers in real estate transactions, specifically in the context of Japan's housing and land sales regulations.

Who is the speaker in the video script?

The speaker is a former top salesperson from a listed company who educates viewers on useful information for real estate transactions and has self-studied to obtain qualifications.

What is the specific question raised by a viewer named Eri in the comments?

Eri asks about a situation where a real estate seller (A) and a non-real estate seller (B) have entered into a building sales contract with a provision that allows B to cancel the contract by waiving the deposit until the approval of B's housing loan from a financial institution.

What is the legal principle that the speaker refers to regarding the limitations of self-sellers?

The legal principle referred to is from the Japanese Civil Law, which states that any special provision that is disadvantageous to the seller is invalid.

What is the general process after signing a sales contract in real estate practice mentioned in the script?

After signing a sales contract, a housing loan review is typically initiated. In many cases, a preliminary review is conducted beforehand, and the main review usually takes about one to two weeks to receive approval.

According to the script, which provision is more advantageous to the buyer?

The provision that allows the cancellation of the contract by waiving the deposit until the seller starts performing the contract is more advantageous to the buyer, as it provides more flexibility.

What is the contrast made in the script between the provision in the contract and the Civil Law regarding contract cancellation?

The contrast is that the provision in the contract sets a clear deadline for contract cancellation, which is disadvantageous compared to the Civil Law that allows cancellation until the seller starts performing the contract, even after receiving the loan approval.

What is the example past question discussed in the script related to the contract cancellation period?

The past question discusses a scenario where a special provision in the contract states that contract cancellation is limited to within 30 days after contract conclusion. The question asks if this provision is valid under the Housing and Land Transaction Business Act.

What is the conclusion drawn in the script regarding the special provision about the contract cancellation period?

The conclusion is that the special provision setting a clear deadline is invalid, and the buyer can still cancel the contract by waiving the deposit even after 30 days, as long as the seller has not started performing the contract.

How does the speaker suggest viewers approach understanding the complexities of real estate law?

The speaker suggests that viewers should familiarize themselves with past questions and legal principles, emphasizing the importance of repetition and practice to deepen their understanding.

What is the speaker's encouragement for viewers who are studying for an exam during spring break?

The speaker encourages viewers to aim for passing the exam and offers to clarify any doubts they might have, emphasizing the importance of understanding the discussed topics.